Kuwait Issues Four Decree-Laws Reshaping the Composition of Its Specialized Courts

On 5 July 2026 the Official Gazette (Kuwait Al-Youm, Issue 1798) published four decree-laws, Nos. 68 to 71 of 2026, all signed on 28 June 2026, that recalibrate how Kuwait's specialized judicial circuits are staffed. The common thread is a relaxation of the judicial-grade thresholds that had constrained the formation of these circuits, so that a court's General Assembly can complete their composition and dispose of cases without avoidable delay.

Decree-Law No. 68 of 2026 amends the first paragraph of Article 297 of the Civil and Commercial Procedure Code (issued by Decree-Law No. 38 of 1980). The power to issue a travel-ban order against a debtor, previously confined to the deputies of the court, may now be assigned to any Court of First Instance judge selected by its General Assembly, curing delays caused by the scarcity of judges at deputy grade.

Decree-Law No. 69 of 2026 amends Articles 4 and 7(1) of the Bankruptcy Law (Law No. 71 of 2020). Each circuit of the Bankruptcy Court may now comprise three judges chosen by the General Assembly, provided the circuit president is of at least court-deputy grade, and the Bankruptcy Administration may be headed by a judge of court-deputy grade, assisted by auditors drawn from the register held by the Capital Markets Authority.

Decree-Law No. 71 of 2026 amends items (1) and (2) of Article 108 of the Capital Markets Authority Law (Law No. 7 of 2010), lowering the required grade of one member of the Capital Markets Court's criminal and non-criminal circuits from counsellor to court-deputy. Decree-Law No. 70 of 2026 applies the same change to the juvenile court under the Juveniles Law (Law No. 111 of 2015).

WEFAQ's view: decoupling circuit membership from narrow grade requirements should shorten the time needed to constitute bankruptcy and capital-markets benches, a practical gain for creditors, issuers, and litigants awaiting a hearing date.

For more information, see our blog article, which offers a deeper analysis of this topic.

Source: Kuwait Al-Youm Issue 1798, pages أ٢ to أ٦, dated 5 July 2026 (decree-laws signed 28 June 2026).

This article is provided for general information only and does not constitute legal advice. For advice specific to your circumstances, please contact WEFAQ Law Firm.